Riverside City Zoning Code
ARTICLE X
Infrastructure Improvements
Section 400.820 Adequate Facilities Required.
[R.O. 2011 §400.820; Ord. No. 2006-170 §1, 12-19-2006]
A.
Purpose. The purpose of this Article is to ensure that land proposed for development shall be served by facilities which are adequate to support and service the area of the proposed development. This includes both public and private improvements which are required to support the development.
B.
General Provisions.
1.
New development shall provide adequate facilities and services to accommodate demands from proposed development in conformance with the minimum standards established by the City. Land shall not be approved for development unless and until adequate facilities exist or provision has been made for the following essential facilities: transportation facilities, water services, wastewater treatment and disposal, storm water management, utilities, parks and public safety.
2.
Facilities shall be provided in a manner that is consistent with the Comprehensive Master Plan, this Chapter and other standards and policies adopted by the City.
3.
Infrastructure improvements shall be constructed in conformance with the standards established by the Kansas City Chapter of the American Public Works Associations (KCAPWA) unless otherwise noted in this Article.
4.
New development shall be timed and phased at a pace that will ensure the adequate provision of facilities and services for proposed and future development. Each phased development project shall be designed so that the project is capable of functioning effectively and independently at the completion of each phase.
5.
All infrastructure improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunications lines shall be constructed through new development to promote the logical extension of infrastructure. The City may require or participate in the extension of off-site improvements to reach the development or to oversize required facilities to serve anticipated future development.
C.
General Improvements.
1.
Transportation facilities. Transportation facilities shall be designed to provide a safe, convenient and functional transportation system for vehicular, pedestrian and bicycle circulation; shall be properly related to the Comprehensive Master Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Transportation facilities shall meet the standards specified in Section 400.830 Transportation Facilities.
2.
Water services. There shall be an adequate public water supply available for the proposed development. An adequate public water supply shall include potable water for consumption and other inside and outside uses and adequate water pressure for fire flow to meet established standards for fire protection. Water supply systems shall meet the standards specified in Section 400.840 Water.
3.
Wastewater systems. There shall be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed use with evidence that the existing system has available capacity to accept the proposed additional flows. Wastewater systems shall meet the standards specified in Section 400.850 Wastewater Treatment and Disposal.
4.
Storm water management. An adequate storm water system shall be provided to accommodate projected peak flows without causing damage to downstream property. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The developer shall install all necessary culverts, storm sewers, rip-rap slopes, stabilized ditches, storm water detention and retention facilities, off-site drainage improvement and other improvements to mitigate the impacts of the proposed development. Storm water management systems shall meet the standards specified in Section 400.860 Storm Water Management.
5.
Other public services. Other services such as utilities, parks, public safety and emergency services and schools affected by the proposed development shall be substantially adequate to serve the development at appropriate levels of service.
Section 400.830 Transportation Facilities.
[R.O. 2011 §400.830; Ord. No. 2006-170 §1, 12-19-2006]
A.
Streets — General Requirements.
1.
Grading and improvement plan. Streets, including right-of-way, shall be graded and improved and conform to the City of Riverside construction standards and specifications and shall be approved as to design and specifications by the Director of Community Development or their designees in accordance with the required construction plans.
[Ord. No. 1671, 7-16-2019]
2.
Topography and arrangement.
a.
All streets shall be properly integrated with the existing and proposed street network. Except for courts and cul-de-sacs, streets shall generally connect with streets already dedicated in adjoining or adjacent developments or provide for future connections to adjoining lands or shall be a reasonable projection of streets in the nearest development.
b.
The arrangement of major streets in the development shall comply with KCAPWA standards and the Comprehensive Master Plan. Streets shall be properly related to population densities, existing and proposed land use patterns and special traffic generators, such as industries, business districts, schools, churches and shopping centers.
c.
Streets shall be related appropriately to the topography. A combination of steep grades and curves shall be avoided. All streets shall be arranged so as to obtain as many building sites as possible at or above the grades of the streets.
d.
Local streets shall be planned in order to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.
e.
In commercial and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and the provision of alleys, truck loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.
3.
Level of service. The developer shall make provisions so that arterial and collector streets impacted by a development maintain a level of service C or better, when the development is at full occupancy. The developer may be required to submit a traffic impact analysis (TIA) if the proposed development is anticipated to have a material impact on the transportation network within the City. If a TIA shows that a proposed development creates the need for additional off-site right-of-way or other improvements, the developer may be required to provide right-of-way or improvements proportional to the demand created prior to development approval.
4.
Classification. All streets shall be classified as an arterial, collector, residential collector or local street. Street classification shall be based on the Comprehensive Master Plan and the projected traffic demands.
5.
Access. There shall be an adequate number of points of ingress to and egress from the development to ensure sound traffic engineering design, smooth traffic flow into and out of all portions of the development and the public's safety. In determining whether the development provides for an adequate number of points of ingress and egress, all relevant factors shall be considered including, but not limited to, the following:
a.
Residential development. Generally, one (1) point of ingress to and egress from the development should be required for each one hundred (100) dwelling units in the development. Each required point of ingress to and egress from the development shall be located so as to best serve the traffic generated by the development.
b.
Non-residential development. The adequacy of the number of points of ingress to and egress from non-residential developments shall be determined based on the proposed uses and proposed site layout.
c.
General factors.
(1)
Traffic accumulation. The level of traffic using each point of ingress to and egress from the development should not exceed the level of traffic that the street is designed to accommodate.
(2)
Access for emergency vehicles. The points of ingress to and egress from the development should be adequate to ensure that emergency vehicles can gain access to all proposed uses within the development, whenever necessary.
(3)
Intersection with streets abutting the development. The impact of injecting traffic from the proposed development into the existing street network shall be mitigated by location, design and control measures consistent with the standards of traffic engineering.
6.
Street names. To ensure the naming of streets shall be consistent with the City addressing grid system, the street names shall appear on the plat. Proposed street names shall be sufficiently different in sound and spelling from other street names in the City so as not to cause confusion. Streets that are in alignment with already existing and named streets shall bear the names of the existing streets.
7.
Street signs. The developer shall pay to the City the cost of purchasing and installing street signs at all intersections within or abutting the development. The term "street sign", as used herein, shall include all traffic control signs, street name signs and any other street signage that is to be owned and maintained by the City after installation. All street signs associated with the development shall be installed before any certificates of occupancy shall be issued for the development.
8.
Street lights. The developer shall be responsible for the purchase and installation of street lights within the development. Street lights shall be installed in accordance with KCAPWA design and specification standards. A street lighting plan shall be submitted to the City for review and approval prior to the installation of any street lights.
9.
Culs-de-sac/temporary dead-ends.
a.
Culs-de-sac may be permitted where topography or other conditions justify their use and provisions are made for adequate traffic circulation. Culs-de-sac should not be longer than eight hundred (800) feet measured from the center line of the cul-de-sac to the center line of the connecting street. Exceptions may be made where topography or other conditions justify a longer length. A turnaround shall be provided at the closed end, with a radius of at least forty-eight (48) feet to the back of the curb and a right-of-way radius of not less than fifty-nine (59) feet in accordance with standards of the 2018 International Fire Code.
[Ord. No. 1671, 7-16-2019]
b.
If the property adjacent to the development is undeveloped and a street must temporarily be a dead-end street, the right-of-way and road improvement shall be extended to the property line. A temporary turnaround shall be constructed with a minimum radius of thirty-five (35) feet. The temporary turnaround shall be constructed of asphaltic concrete with a minimum depth of eight (8) inches. When a temporary turnaround is required, a notation shall be added on the plat indicting that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The City may limit the length of temporary dead-end streets in order to ensure the public safety and general welfare of the City.
10.
Private streets. Private streets shall generally not be permitted in any development. Exceptions may be considered in commercial, industrial and mixed use developments, if the streets are constructed in accordance with City standards and are deemed appropriate for the area and proposed development. A special association shall be formed to maintain any private street.
B.
Streets — Design And Construction Standards.
1.
Streets shall be designed and constructed in accordance with Sections 2200 and 5200 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria, unless as otherwise stated in these regulations.
Design Standard | Street Classification | |||
|---|---|---|---|---|
Arterial | Collector | Residential Collector | Local | |
Minimum ROW width | 80 feet | 60 feet | 60 feet | 50 feet |
Minimum street width (back to back of curb) | 44 feet | 36 feet | 28 feet | 28 feet |
Maximum grade | 7% | 6% | 8% | 10% |
Minimum design speed | 40 mph | 35 mph | 30 mph | 25 mph |
Number of traffic lanes | 3 — 6 | 2 — 4 | 3 | 2 |
Minimum width of traffic lanes | 12 feet | 12 feet | 11 feet | 12 feet |
Sidewalk required | Both sides | Both sides | Both sides | Both sides |
Sidewalk width | 5 feet | 5 feet | 5 feet | 5 feet |
Curb and gutter | Required | Required | Required | Required |
On-street parking | No | No | No | No |
*Certain standards are modified from KCAPWA. | ||||
2.
All street pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the City and shall be incorporated into the required construction plans.
3.
Excess right-of-way. Right-of-way widths in excess of the standards designated herein shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one (3:1).
4.
Street alignment.
a.
Reverse curves. On streets with reverse curves, a reasonable tangent shall be provided between curves to permit a smooth flow of traffic.
b.
Where there is a deflection angle of more than ten degrees (10°) in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made.
c.
Every change in grade shall be connected by a vertical curve constructed so as to afford the minimum required sight stopping distance in conformance with KCAPWA or as otherwise adopted by the City. Said sight stopping distance being measured from a driver's eye level that is assumed to be three and one-half (3½) feet above the pavement surface, to an object six (6) inches high on the pavement.
5.
Intersections.
a.
Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets shall be seventy-five degrees (75°). Not more than two (2) streets shall intersect at any one (1) point unless specifically approved by the City.
b.
The number of intersections along arterial and collector streets shall be held to a minimum. Wherever practical, the distance between such intersections shall not be less than one thousand (1,000) feet.
c.
Streets entering the opposite sides of a street shall either be directly across from each other or be offset by at least one hundred fifty (150) feet from centerline to centerline. Exceptions shall be allowed where the intersected street has a median with no breaks at either intersection.
d.
Minimum curb radius at the intersection of two (2) local streets shall be at least twenty (20) feet and minimum curb radius at an intersection involving a collector street shall be at least twenty-five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practices to permit safe vehicular movement.
e.
Intersections shall be designed with a flat grade, whenever possible. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having a maximum two percent (2%) rate for a distance of sixty (60) feet measured from the nearest right-of-way line of the intersecting street.
f.
Sight distance triangle. Minimum sight distance shall be provided at each intersection by not erecting, placing or planting an item in such a manner as to materially impede vision between a height of two (2) and eight (8) feet above curb grade within the triangular area formed by imaginary lines that being at the intersection and follow street pavement edges for twenty-five (25) feet and are connected by a line drawn across the lot.
g.
The cross-slope on all streets, including intersections, shall be three percent (3%) or less.
6.
Bridges. Bridges of primary benefit to the developer, as determined by the City, shall be constructed at the full expense of the developer without reimbursement from the City.
C.
Streets — Dedication And Reservations.
1.
Half streets. Dedication of half streets will not be approved except in the public interest. Where an existing half street is adjacent to a new development, the other half of the street shall be improved and dedicated by the developer.
2.
Widening and realignment of existing streets. Where a development borders on an existing narrow street or when the Comprehensive Master Plan indicate plans for realignment or widening of a street that would require use of some of the land in the development, the developer shall be required to improve and dedicate, at their expense, the full width as required by these regulations. Land reserved for any street proposed may not be counted in satisfying yard or area requirements of this Chapter.
D.
Streets — Improvements.
1.
Curbs and gutters. Curbs and gutters shall be provided on all streets. Curbs shall not be less than six (6) inches in depth and shall be constructed of Portland cement concrete. A vertical/CG-1 Portland cement concrete curb shall be used. Backfill shall be higher than the curb in order to ensure that surface water drains into the storm drainage system.
2.
Street surfacing. All streets shall be hard surfaced. All paving must be provided with a stabilized subbase and curb and gutter. Adequate provision shall be made for culverts, drains and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall be incorporated into the construction plans.
3.
Grading.
a.
All streets, rights-of-way, sidewalks and alleys shall be graded to their full width so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard may be permitted, due to special topographical conditions.
b.
Preparation of subgrade. Before grading is started, the entire right-of-way area shall first be cleared of all stumps, roots, bushes and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform to the accepted cross section and grades.
(1)
Cuts. In cuts, all tree stumps, boulders, organic materials, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be removed to a depth of at least twelve (12) inches below the graded surface.
(2)
Fill. In fill, all tree stumps, boulders, organic materials, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the natural ground surface.
(3)
Disposal of objectionable matter. The objectionable matter required to be removed from cuts and fills shall be removed from the right-of-way area and be disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.
E.
Sidewalks.
[Ord. No. 1831, 3-15-2022]
1.
Requirement.
a.
Residential Development.
(1)
Sidewalks shall be installed on both sides of all public streets.
(2)
Sidewalks shall be installed in the right-of-way, one (1) foot from the property line adjacent to the street, and along the street frontage of all lots.
(3)
Sidewalks along private streets shall be determined as part of preliminary plat review.
b.
Commercial Development.
(1)
Sidewalks shall be installed on both sides of all public streets.
(2)
Sidewalks shall be installed in the right-of-way, one (1) foot from the property line adjacent to the street, and along the street frontage of all lots.
(3)
Sidewalks shall be provided along one side of access drives and shall connect to sidewalks along all public streets adjacent to the development.
c.
Industrial Development.
(1)
Sidewalks shall be installed on one side of all public streets.
(2)
Sidewalks shall be installed in the right- of-way, one ( 1) foot from the property line adjacent to the street, and along the street frontage of all lots.
(3)
Sidewalks shall be provided along one (1) side of access drives and shall connect to sidewalks along all public streets adjacent to the development. If the sidewalk is on the other side of the street from the development, a crosswalk shall be provided as well.
2.
Installation.
a.
Residential Development.
(1)
Sidewalks on an individual lot shall be installed along all public streets adjacent to the lot prior to the issuance of a Certificate of Occupancy for the structure on the lot.
(2)
Sidewalks in common areas shall be installed at the time public improvements are installed.
(3)
Sidewalks along local roads adjacent to land not included in the subdivision phase shall be installed at the time public improvements are installed.
(4)
Sidewalks along arterial or collector streets shall be installed at the time public improvements are installed.
(5)
The owner of any undeveloped lot within the subdivision or subdivision phase shall be required to construct a sidewalk on that lot when sixty-six percent (66%) or more of the lots on the same side of the street in the same block already have a sidewalk constructed, and:
(a)
It has been five (5) years from the effective date of this Section for those subdivisions or subdivision phase for which a final plat was approved as of the effective date of this Code; or
(b)
It has been three (3) years from the date the first Certificate of Occupancy was issued in the subdivision or subdivision phase for those final plats approved after the effective date of this Code.
(6)
If a sidewalk is required on an undeveloped corner lot, it must be installed along all public street frontages.
(7)
Should any sidewalk not be completed within the required time period, the City may, after holding a public hearing, proceed with constructing the sidewalk and levy a special assessment against the property owner for the costs thereof.
(8)
Any final plat approved after the effective date of this Section shall include a note on the plat that includes the language stated in Section 400.830(E)(2)(a)(5).
(9)
After holding a public hearing, the Board of Aldermen shall consider the following factors in its deliberation to determine if the City is to install a sidewalk on an undeveloped lot and levy a special assessment against the property owner for the costs thereof:
(a)
Whether the sidewalk segment is necessary to create a continuous sidewalk from the subdivision to a school.
(b)
Whether the sidewalk segment is necessary to create a continuous sidewalk from the subdivision to a sidewalk or trail on an arterial street.
(c)
Whether installation of the sidewalk segment eliminates a safety concern.
(d)
The percentage of the developed lots (degree of completion) in the subdivision or subdivision phase is high enough to warrant the installation of the sidewalk segment.
(e)
The likelihood that the lot would be developed within the next year.
(f)
Whether the sidewalk segment is necessary to create a continuous sidewalk to a park or subdivision amenity such as a pool.
(g)
Whether the sidewalk segment is necessary to create a continuous sidewalk between subdivisions.
(h)
Whether the sidewalk was required under a previously adopted City Code provision.
Section 400.840 Water.
[R.O. 2011 §400.840; Ord. No. 2006-170 §1, 12-19-2006]
A.
General Requirements.
1.
The developer shall construct a complete water distribution system that shall adequately serve all lots within the development. The system shall properly connect with the public water supply and be designed to provide adequate and potable water for the proposed use and fire protection.
2.
All underground utilities for water distribution and fire hydrants, together with the fire hydrants themselves, shall be installed prior to final paving of the streets.
Section 400.850 Wastewater Treatment and Disposal.
[R.O. 2011 §400.850; Ord. No. 2006-170 §1, 12-19-2006]
A.
General Requirements.
1.
The developer shall construct sanitary sewer facilities in order to provide wastewater disposal service to all lots within the development. The wastewater system shall be designed and constructed in accordance with the standards of KCMO Water Services, unless otherwise noted in this Section.
[Ord. No. 1671, 7-16-2019]
2.
Sanitary sewer facilities shall connect with public sanitary sewer systems. Individual disposal systems or treatment plants (private or group disposal system) shall be prohibited.
3.
Sanitary sewer systems shall be designed and built for the ultimate tributary population. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewage and waste together with an adequate allowance for infiltration and other extraneous flow.
4.
Off-site improvements. The developer shall provide off-site improvements required to adequately serve a proposed development.
5.
Extension/oversizing. Upon recommendation of the Director of Commuity Development and the Planning and Zoning Commission, the Board of Aldermen may require that sanitary sewer lines be oversized to accommodate planned development.
[Ord. No. 1671, 7-16-2019]
Section 400.860 Storm Water Management.
[R.O. 2011 §400.860; Ord. No. 2006-170 §1, 12-19-2006]
A.
General Requirements.
1.
Unless otherwise specified within these regulations, an adequate drainage system, including pipes, culverts, intersectional drains, drop inlets, bridges and other approved methods for proper drainage of all water, shall be provided for each development. The storm water management system shall be designed and constructed in accordance with the standards of KCAPWA, unless otherwise noted in this Section.
2.
Storm water systems shall be separate and independent of any sanitary sewer system.
3.
Unless otherwise specified by the City, storm sewers shall be designed by the Rational Method and a copy of design computations shall be submitted along with construction plans.
4.
Inlets shall be provided so that surface water is not carried across or around any intersection nor for a distance of more than six hundred (600) feet in the gutter. Provisions shall be made to prevent surface water from flowing onto public right-of-way from a private development at all possible locations. When such provisions are impracticable, computations shall be provided to show assurance that the public system is adequately sized to receive the additional surface water from the development. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point and catch basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block. Where applicable, an overland flow escape route must be identified and calculations must be provided to verify that no principal structures will be flooded when larger return period storms exceed the capacity of the proposed storm water system.
B.
Nature Of Storm Water Facilities.
1.
Location. The developer may be required by the City to construct facilities to convey any spring or surface water that may exist either previously to or as a result of the development. Such drainage facilities shall be located in the road right-of-way, where feasible, or in perpetual unobstructed easements.
2.
Accessibility to public storm sewers. Where a public storm sewer is accessible, the developer shall install storm sewer facilities or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm water, subject to the specifications of the City. If a connection to a public storm sewer will be provided eventually, the developer shall make arrangements for future storm water disposal by a public utility system. Provision for such connection shall be incorporated by inclusion in the performance bond required for platting. An agreement by the Board of Aldermen for the maintenance of said storm sewers is required or an agreement for such maintenance by a property owners' association is required.
3.
Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The developer shall determine the necessary size of the facility, assuming conditions of maximum potential watershed development permitted by this Chapter. Such determination shall be verified and approved by the City.
4.
Effect on downstream drainage areas. The developer shall determine the effect of the development on existing downstream drainage facilities outside the area of the development. Such determination shall be verified and approved by the City. Drainage studies, together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development will overload an existing downstream drainage facility, the City may withhold approval of the development until provision has been made for the expansion of the existing downstream drainage facility. No development shall be approved unless adequate drainage will be provided to an adequate downstream drainage watercourse or facility.
5.
Areas of poor drainage. When development is proposed for an area that is subject to flooding, the City may approve such application provided that the developer fills the affected area to an elevation sufficient to place the elevation of streets and lots at a minimum of twenty-four (24) inches above the elevation of the 100-year floodplain. A copy of the required floodplain fill permit shall be submitted prior to the issuance of a building permit, along with computations showing that the elevation requirements have been met. The development shall provide for an overflow zone along the bank of any stream or watercourse in a width that shall be sufficient to contain or move the water in times of high water. No fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City. Development of areas of extremely poor drainage is discouraged and the City may deny development in such areas.
6.
Floodplain areas. The City may, when it deems it necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the development of any portion of the property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the City.
7.
Best management practices (BMP). The storm water management system shall follow BMP requirements of the City. The City may deny any development applications that do not incorporate such practices.
C.
Dedication Of Drainage Easements.
1.
General requirements. When a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and of such width and construction as will be adequate for the purpose. Wherever possible, drainage should be maintained by an open channel with landscape banks and adequate width for maximum potential volume of flow.
2.
Drainage easements.
a.
Where topography or other conditions are such that it is impractical to include drainage facilities within street right-of-way, perpetual, unobstructed easements at least fifteen (15) feet in width for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.
b.
When a proposed drainage system will carry water across private land outside the development, appropriate drainage rights must be secured and indicated on the plat.
c.
The developer shall dedicate, either in fee simple title or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the City.
d.
Low-lying land along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways.
Section 400.870 Utilities and Easements.
[R.O. 2011 §400.870; Ord. No. 2006-170 §1, 12-19-2006]
A.
Location. All utility facilities including, but not limited to, gas, electric, telephone and cable shall be located underground throughout the development. Whenever existing utility facilities are located above ground, except where existing on public roads and right-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the development shall be shown on the plat.
B.
Easements.
1.
An easement at least ten (10) feet wide shall be provided for utilities along each side or rear line of a lot. The width of the easement shall also account for unusual topography or for easements needed for multiple utilities to ensure the proper placement and maintenance of utility lines.
2.
Except where prohibited by topography, utility easements shall be located on lot lines in the rights-of-way of streets or in separate utility easements. The City may require all easements for drainage or sewer to be selectively cleared of undergrowth, trees and other obstructions by the developer.
3.
Utility easements shall connect with easements established in adjoining properties.
4.
Utility easements shall be shown on the plat and dedicated in conjunction with recordation of the final plat.
Section 400.880 Parks and Open Spaces.
[R.O. 2011 §400.880; Ord. No. 2006-170 §1, 12-19-2006]
A.
All areas to be reserved for or dedicated to public use, such as schools, recreation and open space uses or other public use, shall be suitably incorporated into the preliminary plat in order that it may be determined if and in what manner such areas will be dedicated to or acquired by the appropriate agency. After proper determination of its necessity by the Planning and Zoning Commission, Board of Aldermen and the appropriate City department or other public agency involved in the acquisition and use of each site and a determination has been made to acquire the site by purchase or dedication, the site shall be suitably incorporated into the final plat.
B.
Referral To Public Body. The Planning and Zoning Commission shall refer the preliminary plat to the public body concerned with acquisition for its consideration and report. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply. The agency's recommendation shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
C.
Notice To Property Owner. Upon receipt of an affirmative report, the Planning and Zoning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.
D.
Duration Of Land Reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that they intend to develop the land. Such letter of intent shall be accompanied by a sketch plan of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with said regulations.
Section 400.890 Preservation of Natural Features and Amenities.
[R.O. 2011 §400.890; Ord. No. 2006-170 §1, 12-19-2006]
Existing features which would add value to residential development or to the City as a whole, such as trees, as herein defined, watercourses and falls, beaches, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved and all trees, where required, shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention and the location of all proposed shade trees required along the street side of each lot as required by these regulations.